Understanding the Legal Process of Medical Malpractice Lawsuits
When seeking medical care, you might choose a competent and experienced medical professional for effective treatment. However, medical errors and malpractice can still occur, with potentially devastating consequences for patients. In such cases, it becomes crucial for patients to hire personal injury lawyers who can help them navigate through the complex legal system and reach fair compensation. If you ever find yourself in such a situation, it is essential to familiarize yourself with the legal processes associated with medical malpractice, which we will discuss in this article.
What Is Medical Malpractice?
Medical malpractice or negligence occurs when a medical professional neglects to provide appropriate treatment to a patient or deviates from standards in their profession, resulting in injury or death to the patient. The negligence could be in diagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawsuits enable patients to receive compensation for any harm that occurred to them due to substandard practice.
Types of Medical Malpractice
Medical malpractice can occur in several ways. Some standard instances include:
- Misdiagnosis or Delayed Diagnosis
Misdiagnosis is the most common type of malpractice. It occurs when a doctor either fails to identify the patient’s condition or identifies it incorrectly.
On the other hand, delayed diagnosis occurs when the doctor fails to order proper tests or communicate test results to the patient on time, resulting in harm or injury to a patient.
- Surgical Errors
An unsuccessful surgery is not classified as malpractice since surgery itself has risks and involves uncertainties that are conveyed to the patient and their loved ones beforehand. Most surgical malpractice occurs due to incorrect surgeries, a wrong body part being operated on, or equipment being left inside the body.
- Medication Errors
This involves errors in choosing the appropriate medication, writing the prescription, including illegibility, and administering the drug, such as giving the wrong dosage.
- Birth injury
Certain deliveries are high-risk, and doctors must be attentive and ready to respond if any complications arise. Medical errors during the birthing process can harm the mother or baby, resulting in months of care in the hospital.
- Informed Consent
If you don’t consent to a procedure, your doctor may be held responsible for any injury resulting from it. Similarly, your surgeon should always inform you of the possible risks a surgery carries. For example, suppose a surgeon does not disclose that a procedure can result in them losing their limb, and the patient loses a limb. In that case, the doctor will be held liable for the outcome, even if the procedure was carried out correctly.
The Process of Filing a Lawsuit
The process of filing a lawsuit can be lengthy and complex. Before filing one, talk to a personal injury lawyer to understand the case’s legal perspectives and legal terms that you might not know. This is especially necessary if you aren’t sure if your case is valid, as talking to an experienced attorney can help you solve that problem.
Next, your attorney will ask for all your medical records to build a case. There are typically two parties in a lawsuit: the plaintiff, the person filing a lawsuit against another party, and the defendant, the party against which the lawsuit is filed.
The plaintiff must prove four things to succeed in a malpractice lawsuit. First, they need to show that the medical professional owed a duty. Second, the medical professional did not fulfill it. Third, this negligence led to injury or death; fourth, considerable damage, whether physical, emotional, or financial, resulted for the patient.
Once a complaint is prepared, it is filed within the appropriate court, and the defendant is notified of the lawsuit. Before proceeding to trial, both parties negotiate a settlement, allowing the case to be resolved outside the court without trial.
If a settlement cannot be reached, the case will proceed to trial, and both parties will present their arguments in court. After the proceedings, the jury will decide the verdict. If the judgment is in your favor, the court will determine the amount of damages owed to you. This includes both compensatory and punitive damages.
Endnote
Filing a medical malpractice lawsuit is a complex legal process. Hiring a competent personal injury lawyer will ensure you are guided throughout the process and receive fair compensation for the harm you have suffered.